Medical experts had conflicting testimony Thursday about whether an infant died last year from shaken baby syndrome or a "non-accidental head injury."
"They're definitely at odds," Huron County Prosecutor Russell Leffler said about the lack of consensus in the testimony. "Judge Bowman took it under advisement and we're probably going to get a judgment within a week."
Defendant Jeffrey Resor, 27, formerly of 33E Bouscay Ave., is accused of shaking 10-month-old Donavan Lykins to death while baby-sitting Feb. 24, 2007 for his then-girlfriend. The boy died later that day at Akron Children's Hospital.
Resor has been unable to post a $1 million bond and has been in custody at the Huron County Jail since several days after the child's death. His Huron County Common Pleas Court trial on one count each of murder, involuntary manslaughter and child endangerment is scheduled for June 16.
Defense attorney K. Ronald Bailey is attempting to exclude doctors' testimony during the trial that would indicate the victim died from shaken baby syndrome, Leffler said.
Thursday's testimony was in response to a related motion by Bailey. Court records from a May 15 hearing state that Leffler "saw no necessity" for the hearing on the motion, "but (it was) insisted upon by the defense."
"If Bailey wins, the case is over," Leffler said. "It's not going to happen. I don't want to sound like Hillary Clinton, that I'm looking to my next case, because I'm not."
Bailey, who has said the victim didn't die from "anything that happened" because of going to the hospital, was unavailable for comment. He and Resor turned down an undisclosed plea deal May 15.
Summit County Medical Examiner Dr. Lisa Kohler testified Thursday for the state. When she issued the death certificate, she indicated the infant died as a result of shaken baby syndrome.
"That's her finding for the cause of death," Leffler said.
Dr. James Besunder, a pediatric critical care specialist at Akron Children's Hospital, was the other state's witness Thursday. He testified the victim died as a result of a "non-accidental head injury."
Kohler and Besunder took the stand for a total of about 3 1/4 hours. Bailey put Dr. Ronald Uscinski, a neurological surgeon from Olney, Md., on the stand and he testified for 2 1/2 hours after the lunch break.
"He basically said there was no such thing," Leffler said, referring to shaken baby syndrome. "He said, 'All the real scientists agree.' ... I don't know exactly what he meant."
The prosecutor declined to say what he thought about all of Thursday's testimony.
"It's too close to the trial to get into the reaction thing. We'll be ready to go to trial June 16," Leffler said.